Hindu Marriage Act Section 28 — Appeals from decrees and orders

General

Summary

All final decisions made by a court in a case under this Act can be appealed to the same higher court that normally hears appeals from that court’s original civil decisions. Certain orders made under sections 25 and 26 can also be appealed, but only if they are not temporary or interim orders. No appeal is allowed on the issue of court costs alone. Any appeal must be filed within 90 days from the date of the decision or order.

Official Text

(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

(2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of costs only.

(4) Every appeal under this section shall be preferred within a 5[period of ninety days] from the date of the decree or order.